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1.governor of poker - aposta sports

5 - Poker as private gaming

29.46. Poker offered as private gaming can take place

anywhere to which the public do 6️⃣ not have access, and this would include a workplace.

Domestic and residential gaming are two subsets where non-equal chance gaming 6️⃣ is

allowed:

Domestic gaming is permitted without the need for permissions if:

it takes

place in a private dwelling

it is on a 6️⃣ domestic occasion

no charge or levy is made for

playing.

Residential gaming is permitted when:

it takes place in a hall of residence 6️⃣ or

hostel not administered in the course of a trade or business

more than 50 percent of

the participants are residents.

29.47. 6️⃣ Private gaming can potentially take place on

commercial premises in circumstances where a members’ club hires a room in, for

6️⃣ example, a pub or hotel for a private function where equal chance gaming only is

played. However, organisers would need 6️⃣ to scrutinise very carefully the arrangements

put in place to make sure that the particular area of the pub, hotel 6️⃣ or other venue in

which the gaming takes place is not, on the occasion of the private function, a place

6️⃣ to which the public have access and that those participating are not selected by a

process which means that, in 6️⃣ fact, they are members of the public rather than members

of the club. The law in this area is complex 6️⃣ and organisers should be advised to seek

their own legal advice before proceeding with the event.

29.48. It is a condition 6️⃣ of

private gaming that no charge (by whatever name called) is made for participation and

Schedule 15 to the Act 6️⃣ makes it clear that a deduction from or levy on sums staked or

won by participants in gaming is a 6️⃣ charge for participation in the gaming. It is

irrelevant whether the charge is expressed to be voluntary or compulsory, particularly

6️⃣ if customers are prevented from playing if they do not make the ‘voluntary’ donation,

or there is strong peer pressure 6️⃣ to make the donation. A relevant decided case in

another licensing field is that of Cocks v Mayner (1893) 58 6️⃣ JP 104, in which it was

found that an omnibus said to be available free of charge but whose passengers 6️⃣ who were

invited to (and in some cases did) make a voluntary contribution was ‘plying for hire’

without the appropriate 6️⃣ licence.

29.49. Additionally, the decided cases of Panama

(Piccadilly) Ltd v Newberry (1962) 1WLR 610 and Lunn v Colston-Hayter (1991) 155 6️⃣ JP 384

are helpful in guiding local authorities in deciding whether a person ceases to be a

member of the 6️⃣ public merely because they have agreed to become a member of a

club.

29.50. In the first of these cases (which 6️⃣ related to a strip show), the court

said that an applicant for membership of the club and admission to the 6️⃣ show was and

remained a member of the public, as the whole purpose (of membership) was to get

members of 6️⃣ the public to see the show and there was no sufficient segregation or

selection to cause an applicant to cease 6️⃣ to be a member of the public and to acquire a

different status as a member of a club on 6️⃣ signing his application form and paying the

charge. In the second (which related to an acid house party), the judge 6️⃣ said that it

was impossible, merely because of the existence of a formal scheme of club membership

enforced to the 6️⃣ extent of requiring tickets to be obtained 24-hours in advance of the

event, to regard those who obtained such membership 6️⃣ and tickets as having ceased to be

members of the public.

29.51. This means that people joining a club to attend 6️⃣ and take

part in a ‘private’ event are likely to remain members of the public, particularly if

‘club membership’ is 6️⃣ acquired only a short time before, and in order to attend the

event.

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